Credited from: APNEWS
The Department of Education has announced a significant policy shift that revokes former President Joe Biden's Title IX guidelines aimed at protecting students based on gender identity and sexual orientation. This move, detailed in a memo sent to educational institutions, mandates a return to rules established during President Donald Trump's first term. The new directive emphasizes the enforcement of Title IX as defined under the administration of former Education Secretary Betsy DeVos, which also requires live hearings for sexual misconduct cases and provides more protections for those accused of misconduct.
Craig Trainor, acting Assistant Secretary for Civil Rights, remarked that the Biden administration's Title IX changes were an “egregious slight to women and girls.” The previous policy defines “sex” strictly in terms of biological characteristics, contrasting Biden's broader interpretation that included protections based on gender identity and sexual orientation. Critics of the Biden regulations praised the reinstatement of DeVos’ rules, arguing that they ensure due process for all students involved in such serious allegations.
This policy reversal comes on the heels of a court ruling in Kentucky that deemed Biden's Title IX reforms unconstitutional, stating they represented an overreach of presidential authority and infringed on free speech rights by mandating compliance with preferred gender pronouns. The court's decision effectively restored the more stringent 2020 regulations that had already begun to gain traction in various educational institutions amidst legal challenges against the Biden administration’s directives.
The reinstated DeVos regulations will alter the investigation processes for campus sexual assault claims, implementing stricter procedural requirements that include live hearings where alleged victims can be cross-examined. Advocates of this approach argue that it provides fair treatment for accused students, while opponents warn that it may make survivors less likely to report sexual violence due to fear of re-traumatization. Emma Levine from Know Your IX criticized the decision, stating that it would leave many survivors and marginalized students, particularly LGBTQ+ individuals, without the necessary protections to ensure their safety on campus.
As the Biden administration's guidelines are rolled back, the Education Department has also initiated an investigation into Denver Public Schools for their implementation of an all-gender restroom policy, further signaling a return to a more traditional interpretation of Title IX.
Critics immediately expressed concern over the implications of these changes, especially regarding the broader rights of LGBTQ+ students and the potential re-establishment of discriminatory practices in schools. As political dynamics within education policy continue to shift, all eyes will be on the implications this decision holds for students across the country, particularly those facing issues related to sexual misconduct and discrimination.
For more information, refer to the original articles from The Hill, Associated Press, Los Angeles Times, and The Guardian.